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Usually, vending machine operators do not pay due attention to the fact that by selling any product, be it drinks, snacks or goods, they enter into legal relations with the buyer. Placement of instructions on how to use the vending machine, placed telephones technical support, information about the company is the responsibility of any seller, including the operator of vending equipment. And basically these requirements are observed, that is, the rights of the consumer are observed.

The right of the consumer to information is one of the main ones in the system of consumer rights. It is the availability of information that allows you to make a competent choice in the market of goods, works and services.

But few people think that the responsibility of the seller, in our case, the owner of the vending machine, also includes the obligation to post information about products.

The consumer's right to information is enshrined in the Law of the Russian Federation "On Protection of Consumer Rights" and the Civil Code Russian Federation. According to the requirements, art. 8 of the Law of the Russian Federation "On Protection of Consumer Rights", the consumer has the right to demand the provision of the necessary and reliable information about the manufacturer (executor, seller), its mode of operation and the goods (works, services) sold by it. Art. 445 Civil Code also obliges the seller to provide the buyer with the necessary and reliable information about the goods offered for sale, in accordance with the established law, other legal acts and generally retail requirements for the content and manner in which such information is provided.

How to post? After all, a vending machine, for example, a snack one, is not a shop window or a supermarket where you can take a product and read the label. The advantages of vending equipment, such as compactness, mobility, and the absence of a seller, turn into disadvantages - if you do not come up with a certain way to bring information to the consumer about the product, then, in fact, the law on consumer protection is violated. But more on that below.

What information should the vending machine provide about the product:

2. Regarding finished products food (food vending machines, coffee vending machines) - .

How to bring information about the product of the vending machine to the consumer

You can do this in several ways:

1. Place some of the information on the labels of the vending machine. Print the rest, which is more bulky, and place it on the machine or on the counter next to the machine.

Remember - the offer to bring information to the consumer by phone is not a compliance with the law.

2. You can provide all the information in the form of a catalog and place it on the machine or stand. Bringing information to the consumer, where he can get acquainted with the information.

Remember - it is not necessary to prescribe prices for the second time anywhere, if they are displayed, when you press the machine button.

3. Bring information to the consumer through the display of the machine, if it allows you software, machine model and other aspects.

Responsibility of the seller to the consumer

Ignorance of the law is not an excuse. Legislation is not included in the "features" of the vending market, no one cares how you will bring information to the consumer, the main thing is that it be brought within the framework of the law. And if the consumer, having approached your vending machine, did not receive information, he has the right to go to court. The information must be complete and true.

Surely no one obliges a customer to buy a product from a vending machine? if he did not find the information. But you don’t need to refer to this, you can’t say to the consumer - “I didn’t find the information - don’t buy.” The consumer has the right to the necessary and reliable information about what is sold, who sells and by whom it is made, how and when it can be purchased. Based on this, he makes a purchase decision. And you, in turn, do not have the right to refuse him.

Since by implementing retail sale you are entering into a public contract, and that is what all retail purchases are. The contract of sale is public contract. This means that the seller offers to make a purchase and specifies the price and terms of sale. A potential buyer is guided by the specified price and terms of sale. After making a decision to purchase, the buyer is no longer entitled to refuse or change the terms of the purchase.

"Foreign" experience of the vending market

In fact, there is no need to think that there in Europe or in the West - everything is “hidden-covered”. The rights of consumers to receive information are also respected there, but it is another matter that not everyone always follows the law. But there, too, the consumer has the right to demand information about the purchase that he makes in the vending machine. Mainly by western operators this information brought through the display (screen) of the machine.

In the United States in 2014, the owners of vending networks and small operators were obliged in 2014 to provide information not only about the composition, but also about the “harmfulness” of the product by a separate legislative act.

In accordance with the decree, information on the composition, calorie content, and other properties of each product separately must be indicated on vending machines, must be placed near the product selection button or directly next to the product. The rule applies to any vending company that owns 20 or more vending machines. The FDA estimates that there are 10,800 operators who have between 4 and 5.6 million vending machines.

also appeared in 2014.

Information is understood as information (messages, data) regardless of the form of their presentation (Article 2 federal law dated July 27, 2006 No. 149-FZ “On information, information technology and information security). Information is considered not only as a result of intellectual activity, but it can also exist in the form of a wide variety of scientific, technical, technological, managerial and other knowledge. However, not all information is subject to commercial legal regulation, but only that which has actual or potential commercial value due to its unknown to third parties and the lack of free access to it on legal grounds, and the owner of which takes measures to preserve its confidentiality.

A trade secret is a special kind of information that is specifically highlighted in Art. 3 of the Federal Law of July 29, 2004 No. 98-FZ "On Trade Secrets". In accordance with paragraph 1 of Art. 3 of the said Law, “a trade secret is a regime of confidentiality of information that allows its owner, under existing or possible circumstances, to increase income, avoid unjustified expenses, maintain a position in the market for goods, works, services, or obtain other commercial benefits.” Such information includes data on ongoing negotiations, transactions, counterparties, property status of the parties, as well as information on the use of technologies, scientific and technical decisions, methods of organizing production, i.e. everything that is usually covered by the concept of a production secret (“know-how” - “I know how”).

As you can see, this concept has a pronounced economic focus, namely, obtaining benefits due to the possession of information that is not available to third parties. Previously, a trade secret was equated with an official one and was defined through such signs as being unknown to third parties, lack of free access, and taking measures to protect it. Now the main sign for recognizing information as a trade secret is the possibility of generating income.

Realization of the right to trade secret is limited. As a matter of fact, the owner of commercial information can only rule out the illegal acquisition of his commercial secret by third parties (for example, industrial espionage, bribery of a competitor's employee). Other powers of the right holder are exercised, as a rule, within the framework of relative legal relations, i.e. by including in assignment agreements or license agreements conditions on confidentiality of information constituting the content of a trade secret.

However, the classification of information as a commercial secret will have legal significance only if it is properly executed, i.e. an order was issued, an order was made, responsible persons were established officials, defined organizational arrangements. Moreover, to become an object legal relations, information constituting a commercial secret must be recorded on a material carrier (paper, magnetic carrier, film-photo negative and other material objects, including a physical field) and provided with details that allow its identification. In accordance with Art. 10 of the Federal Law "On Commercial Secrets", measures to protect the confidentiality of information taken by its owner should include, among other things: application to material media containing information constituting a trade secret, or inclusion in the details of documents containing such information, labeled "Commercial secret" indicating the owner of such information (for legal entities- full name and location, for individual entrepreneurs - last name, first name, patronymic of a citizen who is individual entrepreneur, and place of residence).

Commercial law protects information that is a trade secret. Therefore, disclosure of it against the will of the entrepreneur entails for the persons who allowed its disclosure, as well as those who obtained it by illegal methods, the obligation to compensate for the losses caused by this. They may be subject to disciplinary civil law, administrative and criminal liability in accordance with Art. 14 of the Federal Law "On Trade Secrets".

Questions and tasks for self-control

• 1. What is the classification of objects of commercial circulation according to natural properties?
• 2. Give a general classification of securities.
• 3. What is the legal regime of securities in commercial circulation?
• 4. What is meant by documents of title?
• 5. Name the results of intellectual activity and certain types of information that can be objects of commercial legal relations.

The store where the practice was carried out belongs to the trading network of Tander CJSC. The directorate of this network is located in Krasnodar. CJSC "Tander" was founded in 1994 as a wholesale supplier household chemicals and cosmetics, and since 1997 it has begun to develop the food segment of the market, becoming one of the five largest distributors in Russia. In 1998, the first self-service store was opened. Within a year, the company took a leading position in the south of Russia, after which the company began to move to other regions. 2000 is a significant year in the history of the company. All stores are converted to a discounter format and united under the Magnit brand. Between 2001 and 2005 the chain showed rapid regional growth and took first place in Russia in terms of the number of stores - 1500 and became the second in terms of revenue in the country. In April 2008, as part of a secondary offering, the Company entered the London Stock Exchange. As of December 31, 2009, net sales of the Magnit chain amounted to RUB 169,604.53 million according to unaudited data. The number of Magnit stores as of December 31, 2009 was 3,228 (3,204 convenience stores and 24 hypermarkets. As of December 31, 2009, the company has 58 branches, in which, as of December 31, 2009, there were about 76 thousand employees The company has 9 own distribution centers accounting for about 78% of the total turnover. The company also has its own fleet of 1,453 vehicles, which allows to reduce transportation costs and almost completely eliminate losses during transportation. As of December 31, 2009, the assortment of the Magnit chain of stores included about 530 items of goods under its own brand, which is 15.00% of the assortment and 12.28% of the total sales volume. implemented in the company automated system inventory management, thereby increasing their turnover. "Magnit" is the owner of the largest network in Russia in terms of the number of stores and the territory of their coverage, which makes it possible to make purchases at special conditions. Much attention is paid to cooperation with local producers and suppliers, which allows us to quickly resolve the issues of providing chain stores with fresh locally produced goods. Since 2006, the company has been developing a new retail format in all cities of Russia - the MAGNIT hypermarket chain. The hypermarket is an object of a new format for each city: modern functional architecture, spacious layout, large and convenient parking, sale of a full range of product range for the whole family in one place, organization of a zone Catering- all this is in great demand today in the service market of each city where our hypermarkets operate or are under construction. As of December 31, 2009, 24 hypermarkets were opened. Currently, more than 18 objects are under construction. The trading area of ​​hypermarkets varies from 2000 - 12 500 sq.m. The range includes up to 15,000 items, of which, on average, about 78% are food products. Hypermarkets are located within the city, which makes it possible to visit them not only by car owners.

The object of the internship is the Magnit store, which was opened in March 2003. It carries out its activities on the basis of the current legislation of the Russian Federation and the Charter of the enterprise. The main goal of the Magnit store is to make a profit. The main activity is retail. Shop "Magnet" has trading area 250 m?. The store layout is in Appendix 1. The store sells food and non-grocery goods daily demand. There are two ways to place equipment - linear and boxed. The racks are located parallel to the cash registers, which allows controllers to observe the aisles. For ease of movement, the minimum width of the aisles is 1.4 meters. In front of the refrigeration equipment (hill, bonnets, cutting department) with products, passages 1.80 meters wide are provided to avoid crowding and unhindered choice of products by the buyer. The aisle in front of the ticket office occupies a 2.10 meter long area, where a queue forms during peak hours. Baskets, packing tables, storage lockers are conveniently placed in the entry-exit zone, which allows the flow of customers to intersect to a minimum extent.

The main method of service is self-service. Selling goods on a self-service basis is one of the most convenient methods for customers to sell goods. Self-service allows you to speed up the operation of selling goods, increase the throughput of stores, and expand the volume of sales of goods. This method provides for free access for buyers to trading floor goods, the ability to independently inspect and select them without the help of the seller, which allows for a more rational distribution of functions between store employees. Payment for the selected goods is carried out at the settlement nodes serviced by controllers-cashiers. The store is a separate building, located in a convenient location for buyers, because there is a bus stop nearby and the store has a parking lot. The store has commercial premises, premises for acceptance, storage, there are also utility rooms (for storing containers and washing). These include receiving, unloading, cooling chambers for storage, packaging. There are no facilities for preparing goods for sale. Administrative and amenity premises in this store: manager's office, rest room, dressing rooms, toilets for staff. In the Magnit store, the location of the premises helps to rationally organize the trade and technological process. Premises for receiving goods freely communicated with trading floor, aisles are wide, allowing you to freely export goods to the trading floor. Trading and warehouse premises are located on the same level, which allows timely and prompt replenishment inventory in the trading floor. Administrative premises are directly connected with the premises for receiving goods, and household and utility premises are directly connected with the trading floor.

Thus, we can conclude that the premises of the store fully meet all the requirements that apply to it and meet the objectives. It can also be concluded that the entire network of Magnit stores is a well-developed network and CJSC Tander is a successful organization and is the first in Russia in terms of size and plans to enter the markets of the CIS countries in the near future.